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Gujarat High Court

No deduction U/s. 80-IB(10) if Assessee utilises only small part of eligilble FSI

October 31, 2018 1320 Views 2 comments Print

Where assessee utilized only a small part of eligilble FSI remaining part was sold, then assessee was not entitled deduction under section 80IB. In respect profits assessee for sale of unutilized part.

Reassessment invalid if Grounds for reassessment being already examined by AO during original assessment

October 26, 2018 840 Views 0 comment Print

PCIT Vs JP Infrastructure (P) Ltd. (Gujarat High Court) During the original assessment, both the questions raised by AO in reassessment notice, were already examined by AO through a specific queries raised in this respect. Therefore, reassessment being based on mere change of opinion was invalid. FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT […]

Bogus GST Bill: HC suspends provisional attachment of Factory & Bank

October 26, 2018 2442 Views 0 comment Print

we would permit the petitioner to carry on the legitimate business by suspending provisional attachments subject to fulfillment of following conditions: (i) The petitioner creates an undertaking to maintain a stock of the goods of a minimum of Rs. 5 crores. Such undertaking shall be filed before the department as well as before this Court by 15.11.2018;

Gujarat High Court stays Service Tax Audit under Rule 5A by CAG

October 18, 2018 8358 Views 1 comment Print

Gujarat High Court granted stay on conducting audit of records of taxpayers under 5A of Service Tax Rules, 1994, by Officers of C&AG who were sending communications through CGST officers.

Delayed GST Refund attracts Interest: Gujarat HC issues notice to Centre, CBIC and GSTN

October 17, 2018 9471 Views 3 comments Print

While admitting a petition seeking interest / compensation for delay in both provisional as well as final refund of GST beyond stipulated period, the Gujarat High Court has issued notices to Centre, CBIC and GSTN.

HC declines to direct CBIC to allow rectification of GST–Tran1 already filed

October 15, 2018 1662 Views 0 comment Print

Jay Chemical Industries Limited Vs Union Of India (Gujarat High Court) While the entire tax structure within the country was thus being replaced by a new framework, it was necessary for the legislature to make transitional provisions. Section 140 of the CGST Act, which is a transitional provision, essentially preserves all taxes paid or suffered by a […]

Tax Audit Due Date Extension: Gujarat HC disposes writ as not pressed

October 11, 2018 14574 Views 9 comments Print

All Gujarat Federation of Tax Consultants Vs Union of India (Gujarat High Court) 11.10.2018–  It is an agreed position that subsequent to filing of these petitions, CBDT has granted extension for filing returns and accompanying documents. In that view of the matter, learned counsel for the petitioners does not press these petitions. Disposed of as […]

Section 140(1) & Rule 117 prescribing time limit to file GST TRAN-1 are constitutional: HC

October 5, 2018 11184 Views 0 comment Print

Willowood Chemicals Pvt. Ltd. Vs Union of India (Gujarat High Court) Issues Before High Court (i) On account of technical glitches in the Government portal, despite efforts made by the petitioners for filing the declaration electronically, the same could not be done within extended time for no fault of the petitioners. Thus, the tax credit […]

Individual cannot be taxed for Property sold by HUF

September 28, 2018 3720 Views 0 comment Print

Janak Kanakbhai Trivedi Vs ITO (Gujarat High Court) It is the case of the appellant that the impugned ancestral property was actually acquired by the HUF of the appellant and that actually by mistake the appellant has given his individual PAN number at the time of execution of the sale deed. It has been argued […]

Criminalisation & tax evasion by Uncle leads cousin to shell out Rs. 81 lakhs, Gujarat HC directs registering FIR

September 24, 2018 1251 Views 0 comment Print

Petitioner Shah Pintu Pravinbhai, eight years ago executed one power of attorney dated 02.03.2009 in favour of his uncle Shri. Sureshchandra Velchandbhai. Uncle requested the Petitioner to open up one firm in his name have GST(VAT) and CST registration and the said accused shall manage the all business and the Petitioner has to do nothing in the said business.

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